Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives.
Sets forth the functions of the Office.
Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment.
Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations.
Sets forth the duties and responsibilities of the Inspector.
Requires each Inspector General to report annually to the Speaker and minority leader of the House.
Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse or authority, or a substantial and specific danger to the public health and safety.
Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation.
Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity.
Repeals a provision of the Rules of the House which establishes and outlines the duties of an Inspector General.
[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1368 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1368
To establish the Congressional Office of Inspector General.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 1993
Mr. Ridge introduced the following bill; which was referred jointly to
the Committees on House Administration and Rules
_______________________________________________________________________
A BILL
To establish the Congressional Office of Inspector General.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL OFFICE OF INSPECTOR GENERAL.
There is created an establishment of the Government to be known as
the Congressional Office of Inspector General, which shall be
independent of the executive departments and under the control and
direction of the Speaker and minority leader of the House of
Representatives.
SEC. 2. PURPOSE AND ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL.
The purpose of this Act is to create independent and objective
units--
(1) to conduct and supervise audits and investigations
relating to the office procedures and operations of each Member
or committee of the House of Representatives and any other
office of the House of Representatives whose employees are paid
by the Clerk;
(2) to provide leadership and coordination and recommend
policies for activities designed (A) to promote economy,
efficiency, and effectiveness in the administration of, and (B)
to prevent and detect fraud and abuse in, such office
procedures and operations; and
(3) to provide a means for keeping each Member of Congress
and the Congress fully and currently informed about problems
and deficiencies relating to the administration of such office
procedures and operations and the necessity for and progress of
corrective action.
SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; REMOVAL;
APPOINTMENT OF ASSISTANT INSPECTOR GENERAL FOR AUDITING
AND ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS.
(a) Appointment.--There shall be at the head of the Office an
Inspector General who shall be appointed by the Speaker of the House of
Representatives and the minority leader of the House of
Representatives, without regard to political affiliation and solely on
the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations. Except as hereinafter provided in
this section, the Inspector General shall hold office for 7 years. The
Inspector General shall not be eligible for reappointment.
(b) Supervision.--The Inspector General shall report to and be
under the general supervision of the Speaker and the minority leader of
the House of Representatives. The Speaker of the House shall not
prevent or prohibit the Inspector General from initiating, carrying
out, or completing any audit or investigation.
(c) Removal.--The Inspector General may be removed from office by
the Speaker and the minority leader of the House only for cause.
(d) Assistants.--Each Inspector General shall in accordance with
applicable laws and regulations governing employees of the House of
Representatives--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance
of auditing activities relating to office procedures and
operations of each Member or committee of the House of
Representatives and any other office of the House of
Representatives whose employees are paid by the Clerk; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such office procedures and operations.
SEC. 4. DUTIES AND RESPONSIBILITIES.
(a) In General.--It shall be the duty and responsibility of the
Inspector General, with respect to the House of Representatives--
(1) to provide for policy direction for and to conduct,
supervise, and coordinate audits and investigations relating to
the office procedures and operations of each Member or
committee of the House of Representatives and any other office
of the House of Representatives whose employees are paid by the
Clerk;
(2) to review existing and proposed rules of the House of
Representatives and regulations relating to office procedures
and operations of each Member or committee of the House of
Representatives and any other office of the House of
Representatives whose employees are paid by the Clerk and to
make recommendations in the annual reports required concerning
the impact of such rules or regulations on the economy and
efficiency in the administration of office procedures and
operations administered or financed by each Congressional
office of the prevention and detection of fraud and abuse in
such office procedures and operations;
(3) to recommend policies for, and to conduct, supervise,
or coordinate other activities carried out or financed by each
Member or committee of the House of Representatives and any
other office of the House of Representatives whose employees
are paid by the Clerk for the purpose of promoting economy or
efficiency in the administration of, or preventing and
detecting fraud and abuse in, office procedures and operations;
and
(4) to keep the Congress fully and currently informed by
means of the reports required and otherwise, concerning fraud
and other serious problems, abuses, and deficiencies relating
to the administration of office procedures and operations, and
to report on the progress made in implementing such corrective
action.
(b) Audit Standards.--In carrying out the responsibilities each
Inspector General shall comply with established standards for audits of
Federal establishments, organizations, programs, activities, and
functions.
(c) Reports of Rules Violations.--In carrying out the duties and
responsibilities established each Inspector General shall report
expeditiously to the chairman and the ranking minority party member of
the Committee on Standards and Official Conduct whenever the Inspector
General has reasonable grounds to believe there has been a violation of
the Rules of the House of Representatives.
SEC. 5. ANNUAL REPORTS.
(a) In General.--Each Inspector General shall, not later than
October 31 of each year, prepare annual reports summarizing the
activities of the Office during the immediately proceeding 12 month
period ending September 30. Such report shall include, but need not be
limited to--
(1) a description of significant problems, abuses, and
deficiencies relating to the administration of office
procedures and operations of each Member and committee of the
House of Representatives and any other office of the House of
Representatives whose employees are paid by the Clerk disclosed
by such activities during the reporting period;
(2) a description of the recommendations for corrective
action made by the Office during the reporting period with
respect to significant problems, abuses, or deficiencies
identified pursuant to paragraph (1);
(3) an identification of each significant recommendation
described in previous annual reports on which corrective action
has not been completed;
(4) a summary of matters referred to the Committee on
Standards of Official Conduct and the actions which have
resulted;
(5) a summary of each report made to the Speaker and
minority leader of the House of Representatives under section
6(b) during the reporting period;
(6) a listing, subdivided according to subject matter, of
each audit report issued by the office during the reporting
period and for each audit report, where applicable the total
dollar value of questioned costs (including a separate category
for the dollar value of unsupported costs) and the dollar value
of recommendations that funds be put to better use;
(7) a summary of each particularly significant report;
(8) statistical tables showing the total number of audit
reports and the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs), for audit reports--
(A) for which no management decision has been made
by the commencement of the reporting period;
(B) which were issued during the reporting period;
and
(C) for which a management decision was made during
the reporting period, including--
(i) the dollar value of disallowed costs;
and
(ii) the dollar value of costs not
disallowed; and
(D) for which no management decision has been made
by the end of the reporting period;
(9) statistical tables showing the total number of audit
reports and the dollar value of recommendations that funds be
put to better use by management, for audit reports--
(A) for which no management decision had been made
by the commencement of the reporting period;
(B) which were issued during the reporting period;
and
(C) for which a management decision was made during
the reporting period including--
(i) the dollar value of recommendations
that were not agreed to by management; and
(ii) the dollar value of recommendations
that were not agreed to by management; and
(D) for which no management decision has been made
by the end of the reporting period.
(10) a summary of each audit report issued before the
commencement of the reporting period for which no management
decision has been made by the end of the reporting period
(including the date and title of each such report), an
explanation of the reasons such management decision has not
been made, and a statement concerning the desired timetable for
achieving a management decision on each such report; and
(11) information concerning any significant management
decision with which the Inspector General is in disagreement.
(b) Furnishing of Annual Report.--The annual report of the
Inspector General shall be furnished to the Speaker and minority leader
of the House of Representatives not later than October 31 of each year.
(c) Report of Serious Problems.--The Inspector General shall report
immediately to the Speaker and minority leader of the House of
Representatives whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or deficiencies
relating to the administration of office procedures and operations of
any Member or committee of the House of Representatives and any other
office of the House of Representatives whose employees are paid by the
Clerk.
(d) Definitions.--As used in this section--
(1) the term ``questioned cost'' means a cost that is
questioned by the Office because of--
(A) an alleged violation of the Rules of the House
of Representatives;
(B) a finding that, at the time of the audit, such
cost is not supported by adequate documentation; or
(C) a finding that the expenditure of funds for the
intended purpose is unnecessary or unreasonable;
(2) the term ``unsupported costs'' means a cost that is
questioned by the Office because the Office found that at the
time of the audit, such cost is not supported by adequate
documentation;
(3) the term ``disallowed cost'' means a questioned cost
that management, in a management decision, has sustained or
agreed should not be charged to the House of Representatives;
(4) the term ``recommendation that funds be put to better
use'' means a recommendation by the Office that funds could be
used more efficiently if management of a Member's office or
House committee or other office took action to implement and
complete the recommendation including--
(A) reductions in outlays; and
(B) any other savings which are specifically
identified;
(5) the term ``management decision'' means the evaluation
by the management of a Member's office or House committee or
other office of the findings and recommendations included in an
audit report and the issuance of a final decision by management
concerning its response to such findings and recommendations,
including actions concluded to be necessary; and
(6) the term ``final action'' means--
(A) the completion of all actions that the
management of a Member's office or House committee or
other office has concluded in its management decision,
are necessary with respect to the findings and
recommendations included in the audit report; and
(B) in the event that the management of a Member's
office or House committee or other office concludes no
action is necessary, final action occurs when a
management decision has been made.
SEC. 6. AUTHORITY OF INSPECTOR GENERAL.
(a) In General.--In addition to the authority otherwise provided by
this Act, the Inspector General in carrying out the provisions of this
Act, is authorized--
(1) to have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other material
available to the applicable Member's office or House committee
or other office which relates to office procedures and
operations with respect to which the Inspector General has
responsibilities under this Act;
(2) to make such investigations and reports relating to the
administration of the office procedures and operations of the
applicable Member's office or House committee or other office
as are, in the judgment of the Inspector General, necessary or
desirable;
(3) to administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned by this Act, employee of
an Office of an Inspector General designated by the Inspector
General shall have the same force and effect as if administered
or taken by or before an officer having a seal; and
(4) to have direct and prompt access to a Member or
chairman of a House committee or head of any other office
within the House of Representatives when necessary for any
purpose pertaining to the performance of functions and
responsibilities under this Act.
(b) Report of Refusal.--Whenever information or assistance
requested under subsection (a)(1) is, in the judgment of an Inspector
General, unreasonably refused or not provided, the Inspector General
shall report the circumstance to the Speaker and minority leader of the
House of Representatives without delay.
SEC. 7. COMPLAINTS BY EMPLOYEES; DISCLOSURE OF IDENTITY; REPRISALS.
(a) Complaints.--The Inspector General may receive and investigate
complaints or information from an employee of the House of
Representatives concerning the possible existence of an activity
constituting a violation of law, Rules of the House of Representatives,
or mismanagement, gross waste of funds, abuse of authority or a
substantial and specific danger to the public health and safety.
(b) Disclosure of Identity.--The Inspector General shall not, after
a receipt of a complaint or information from an employee, disclose the
identity of the employee without the consent of the employee, unless
the Inspector General determines such disclosure is unavoidable during
the course of the investigation.
(c) Reprisals.--Any employee who has authority to take, direct
others to take, recommend or approve any personnel action, shall not,
with respect to such authority, take or threaten to take any action
against any employee as reprisal for making a complaint or disclosing
information to an Inspector General, unless the complaint was made or
the information disclosed with the knowledge that it was false or with
willful disregard for its truth or falsity.
SEC. 8. REPEALER.
Clause 2 of rule VI of the Rules of the House of Representatives is
repealed.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H1242)
Referred to the House Committee on House Administration.
Referred to the House Committee on Rules.
Sponsor introductory remarks on measure. (CR H1820-1821)
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